Defense Verdict in Medical Malpractice and Wrongful Death Action Alleging Failure to Timely Diagnose and Treat Pyoderma Gangrenosum
Decedent presented to co-defendant hospital with post-operative complaints of pain and redness surrounding the incisional sites following a femoral-to-femoral bypass graft for decreased circulation performed by co-defendant vascular surgeon. Our client, another vascular surgeon, admitted the patient out of concern for post-operative infection. Plaintiff alleged, among other things, that defendant physicians and hospital failed to…
Michael C. Lamendola
Summary Judgment for Open and Obvious Rolled up Carpet
The plaintiff tripped and fell over a rolled up carpet that was lying in the aisle of our client’s store. Plaintiff admitted at his deposition that he had previously seen the carpet prior the accident. We moved for summary judgment on the grounds that the alleged condition was open and obvious and could have been…
MOTION TO TRANSFER VENUE FROM BRONX COUNTY TO NASSAU COUNTY FOR THE CONVENIENCE OF WITNESSES GRANTED
Plaintiff commenced the action in Bronx County on the basis that co-defendant’s listing as site of incorporation was Bronx County. We moved to change venue. We argued that the co-defendant’s corporate residence was less significant than the location of the accident, the plaintiff’s residence, the residence of a sole eyewitness and the location of plaintiff’s…
SUMMARY JUDGMENT DISMISSING IMPROPERLY NAMED SUBSIDIARY
Plaintiff commenced an action against a subsidiary of the retail store where plaintiff’s accident occurred. We moved for summary judgment arguing that the defendant did not have responsibility over the retail store. The motion was granted. On appeal, the Appellate Division upheld the dismissal of plaintiff’s Complaint.
SUMMARY JUDGMENT IN TRIP AND FALL CASE
This case involved an accident where the plaintiff claimed she tripped and fell over the prongs of a pallet jack within an aisle of the defendant store. We moved for summary judgment on the ground that the unladen pallet jack, fluorescent green in color, was an open and obvious condition that was not inherently dangerous….
SUMMARY JUDGMENT GRANTED TO RETAILER IN SLIP AND FALL IN DETERGENT
This case involved an accident where the plaintiff claimed she slipped in dirty, sticky and dry laundry detergent in our client’s store. We moved for summary judgment on the ground that plaintiff could not establish notice, arguing that the plaintiffs’ observations about the condition of the spill were made when she returned to the accident…
SUMMARY JUDGMENT GRANTED IN BLACK ICE CASE
Plaintiff sued our client, a large national retailer. He claimed he slipped and fell on black ice on the curb in front of the store during an ongoing ice storm. We moved for summary judgment on the ground that the defendants had no duty to remedy any icy conditions while the storm was in progress….
SUMMARY JUDGMENT GRANTED IN SIDEWALK GRATE CASE
Plaintiff alleged that she tripped and fell over a raised tree well grating on our client’s property. We moved for summary judgment on the grounds that the alleged defect was trivial. We relied on the testimony of the parties and photographs that were taken following the accident. The Court granted summary judgment in our favor…